The role of unqualified persons in the provision of advice and assistance

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Only a solicitor who is entitled to undertake legal work in his or her own name can grant advice and assistance.

Any non-qualified person who is interviewing your client for advice and assistance must refer to these notes for guidance.

A&A: what unqualified staff may and may not do

A person who is not a solicitor

Must

  • Refer to the Keycard, including the notes for guidance for solicitors, as well as these notes when completing online advice and assistance application
  • Refer any questions in the financial section of the form which need the exercise of discretion (for example, whether income or capital can be disregarded) to you
  • Refer all matters relating to the subject matter of the advice to be given to you
  • When interviewing your client, specifically ask the questions set in our guidance.

May

  • Get information from your client which will allow you to carry out the financial assessment, including vouching such as payslips
  • Take brief details of the problem, which will allow you to formulate the subject matter of advice and assistance

Must not

  • Provide your client with any advice in connection with the subject matter of advice and assistance
  • Decide whether ABWOR is to be given – this is for you to decide
  • Take the decision about eligibility

Only you are entitled to undertake legal aid work and can grant advice and assistance.  You must also carry out the assessment of whether your client qualifies financially.

 

Commencement of advice and assistance: the relevant date
Questions to ask your client in determining whether to grant advice and assistance

In this section

Availability of advice and assistance

Definition of advice and assistance

Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.

Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A

Availability of advice and assistance

Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.    

Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.     

Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to advice and assistance.    

Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.